NDP government's $10 FOI fee prompts concerns

A new report by the privacy commissioner raises concerns about a fee for information brought in by the NDP government in 2021.

In an investigative report entitled "Access application fee six-month review," B.C. privacy commissioner Michael McEvoy's office looked into the six month period after a $10 application fee was introduced by the NDP government.

Staff then compared those to the number of access requests in the same period the two years prior. McEvoy says the findings are mixed.

Freedom of information access request from lawyers and individuals are up, yet advocacy organizations, the media, and political parties are filing fewer of them.

"I think at this stage it is cause for concern, particularly because both the media and the political parties who are in opposition to the government in the legislature are such a vital important part of our democracy. They are responsible for holding government to account," McEvoy told CTV News.

B.C. is one of only a handful of provinces to require requesters to pay a $10 fee. The privacy commissioner‘s report found 75 per cent of public bodies that can charge the fee aren’t actually doing it. He says there's no reason for the fee to continue.

"This is the public's information. And so to be charged to money to essentially access what is the people's that people's records to me is not appropriate," added McEvoy.

When the NDP first introduced the idea of a fee for those filing request under the freedom of information and privacy legislation academics journalist, and others raised concerns that it would lead to further lack of transparency.

The government said it was getting too many requests, and that the number had risen substantially in the past number of years and they simply couldn’t keep up in a timely manner.

A statement issued by Citizen Services' minister Lisa Beare after the report's release, echoed that. It reads in part, "We have increased the amount of information government proactively discloses, as another step to increase access to information for people in B.C."

Academics pointed out that freedom of information requests are meant to give the public access to information. They already have a right to that, and the government is making decisions on its behalf.

Media organizations in British Columbia have uncovered a host of issues, including money laundering in casinos thanks in part to such requests.